Hospital Medical Malpractice Archives - Page 13 of 78

Indiana Appellate Court Tosses Failure To Honor DNR Case

October 28, 2023

In its August 21, 2023 Memorandum Decision, the Court of Appeals of Indiana (“Indiana Appellate Court”) held: “Because Stephen—an adult child—had coequal decision-making authority and because Stephen consented to placement of a feeding tube, we conclude Provider could not be li[...]

New Mexico Wrongful Death Lawsuit Alleges Hospital’s Negligence Allowed Mother To Place Newborn In Trash

October 24, 2023

Nineteen-year-old Alexee Trevizo, who has been charged with first-degree murder with the alternative of child abuse resulting in death and tampering with evidence, went to Artesia General Hospital on January 27, 2023 with complaints of severe back pain. She reportedly denied being pregnant when she [...]

Indiana Appellate Court Rules Claims For Improperly Sterilized Surgical Instruments Are Medical Malpractice Claims

October 18, 2023

Linda Gierek and over a thousand other patients who underwent surgical procedures at a hospital operated by Anonymous 1, Anonymous 2, and Anonymous 3 (the Hospital) were informed by the Hospital that one of itstechnicians had failed to complete a step in the procedure for sterilizing certain surgica[...]

Medical Malpractice Claims Against Emergency Department Trainees

October 14, 2023

Patients brought to hospital emergency departments are often unable to choose the medical staff that will treat them. In true emergency situations, it is unrealistic to assume that a patient or the family who arrives with the patient will be able to ask questions regarding the qualifications and exp[...]

Michigan Appellate Court Affirms Hospital Not Entitled To Summary Judgment For Surgeon’s Negligence

October 11, 2023

On March 16, 2018, plaintiff, Barbara Stempniak, presented to the emergency department of Garden City Hospital with complaints of severe abdominal pain. The emergency department staff diagnosed Stempniak with cholecystitis (inflammation of the gallbladder) and admitted her to the hospital. The next [...]

Ohio Appellate Court Affirms Hospital Not Entitled To Protective Order For Its Policies And Procedures In Birth Injury Medical Malpractice Case

September 24, 2023

In an Ohio birth injury medical malpractice case where the parents sued the hospital where their child suffered serious brain damage allegedly as a result of negligent care and treatment during the mother’s labor and delivery, the plaintiffs sought to obtain in discovery the defendant hospital[...]

Massachusetts Appellate Court Overturns Medical Malpractice Tribunal’s Decision, Allows Hospital Fall Claim

September 23, 2023

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) Memorandum And Order Pursuant To Rule 23 dated June 2, 2023 held: “The findings of the tribunal are to be replaced by the decision of this court that the offer of proof of the plaintiff, if properly s[...]

Michigan Appellate Court Holds No Evidence Doctors Who Treated Patient In Hospital Were Ostensible Agents Of The Hospital

September 18, 2023

To establish a claim of ostensible agency, a plaintiff must show that the plaintiff reasonably believed in the putative agent’s authority generated by some act or omission of the putative principal, and that the plaintiff’s own negligence did not contribute to any misapprehension. In the case th[...]

$9.7M Michigan Medical Malpractice Verdict For Death From Infected Surgical Wound

September 12, 2023

$9.7M For Death From Infected Surgical Wound: On April 27, 2023, a Macomb County Michigan medical malpractice jury deliberated for about five hours after more than two weeks of trial before returning an unanimous verdict in the amount of $9,702,296 against Henry Ford Macomb Hospital Corporation and [...]

New York Appellate Court Holds Informed Consent Claim Not Proper In Child Birth Malpractice Case

September 4, 2023

Underlying Facts Informed Consent Claim Not Proper In Child Birth Malpractice Case: Plaintiffs are the parents of an infant who died shortly after birth, and they commenced their New York medical malpractice action seeking to recover damages for emotional injuries that they allegedly sustained as a [...]

Michigan Appellate Court Remands Medical Malpractice Case For Jury To Determine Agency Issue

August 28, 2023

Appellate Court Remands Malpractice Case For Jury To Determine Agency Issue: The 56-year-old plaintiff underwent surgical removal of her parathyroid glands by Dr. Abdelkader Hawasli. According to Dr. Hawasli, he told plaintiff there was a possibility that he might also have to remove her thyroid gla[...]

Lawsuit Alleges Physician Responsible For Husband's Death

$7.25M Pennsylvania Medical Malpractice Settlement For Death Due To Undiagnosed Aortic Dissection In Hospital

August 22, 2023

$7.25M Settlement For Death Due To Undiagnosed Aortic Dissection: Shortly before a Pennsylvania medical malpractice trial was scheduled to begin on June 12, 2023, the family of a 32-year-old woman who died from an undiagnosed aortic dissection while in the hospital settled the case, with the family [...]

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Category: Hospital Medical Malpractice